SUMMARY

The following section is a summary and not a substitute for the full licence, which is detailed below this section.

You are free to:­­

Download, install and use the Software on three computers for your personal use (if you are a consumer) or for commercial purposes (if you are a business).

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Under the following terms:­­

Customer Support is offered for a period of 1 year after purchase of the Software.

All intellectual property rights in the Software anywhere in the world belong to FXHOME.

We are not liable to you for any loss of data, sales, profits or any indirect loss or damage.

We are not liable to you for the content of any data transferred either to or from you or stored by you via the Software.

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You may not:­­

Rent, lease, sub­license, loan, translate, merge, adapt, vary or modify the Software.

Disassemble, decompile, reverse­ engineer or create derivative works based on the whole or any part of the Software or attempt to discover the source code of the Software.

FULL LICENCE DETAILS

IMPORTANT NOTICE: PLEASE READ CAREFULLY BEFORE DOWNLOADING AND/OR INSTALLING THE PHOTOKEY 8 PRO SOFTWARE:

This licence agreement (Licence) is a legal agreement between you (Licensee or you) and FXHOME LIMITED, Norwich, UK (Licensor, us or we) for PHOTOKEY 8 PRO computer software and the associated media (Software).

We licence use of the Software to you on the basis of this Licence. We do not sell the Software to you. We remain the owners of the Software at all times.

It is the responsibility of the Licensee to check the operating system requirements for the Software. These can be found on our website at: http://fxhome.com/photokey/requirements

IMPORTANT NOTICE TO ALL USERS

FOR USERS PURCHASING THE SOFTWARE VIA DOWNLOAD

IF YOU ARE DOWNLOADING THE SOFTWARE FROM THIS WEBSITE BY DOWNLOADING THE SOFTWARE YOU AGREE TO THE TERMS OF THIS LICENCE WHICH WILL BIND YOU.

THE TERMS OF THIS LICENCE INCLUDE, IN PARTICULAR, LIMITATIONS ON LIABILITY IN CONDITION 5.

IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, WE WILL NOT LICENSE THE SOFTWARE TO YOU AND YOU MUST UNINSTALL THE SOFTWARE NOW.

IF YOU PURCHASED THE SOFTWARE FROM US DIRECTLY YOU MUST CONTACT CUSTOMER SUPPORT WITHIN 14 DAYS OF PURCHASE TO OBTAIN A REFUND.

IF YOU PURCHASED THE SOFTWARE FROM A THIRD PARTY RETAILER PLEASE CONTACT THE RETAILER DIRECTLY.

FOR USERS PURCHASING THE SOFTWARE VIA DISK

IF YOU HAVE PURCHASED THE SOFTWARE ON DISK BY INSTALLING THE SOFTWARE YOU AGREE TO THE TERMS OF THIS LICENCE WHICH WILL BIND YOU.

THE TERMS OF THIS LICENCE INCLUDE, IN PARTICULAR, LIMITATIONS ON LIABILITY IN CONDITION 5.

IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, WE WILL NOT LICENSE THE SOFTWARE TO YOU AND YOU MUST DISCONTINUE THE INSTALLATION PROCESS.

IF YOU PURCHASED THE SOFTWARE FROM US DIRECTLY YOU MUST CONTACT CUSTOMER SUPPORT WITHIN 14 DAYS OF PURCHASE AND RETURN THE DISK ON WHICH THE SOFTWARE IS STORED TO US TO OBTAIN A REFUND.

IF YOU PURCHASED THE SOFTWARE FROM A THIRD PARTY RETAILER PLEASE CONTACT THE RETAILER DIRECTLY.

You should print a copy of this Licence for future reference.

1. Grant and scope of licence

1.1 In consideration of payment by you of the agreed purchase price and you agreeing to abide by the terms of this Licence, we hereby grant to you a non­exclusive licence to use the Software on the terms of this Licence.

1.2 If you have downloaded the demo version of the Software you agree to be bound by and abide by the terms of this Licence. You acknowledge and agree that in the event that you upgrade to the full version of the Software from the demo version the terms of this Licence shall remain in force in their entirety.

1.3 The licence fee payable by you is inclusive of VAT (where applicable).

1.4 If you have purchased the Educational Edition of the Software you hereby confirm that:

1.5 You may:

2. Restrictions

2.1 Except as expressly set out in this Licence or as permitted by any local law, you undertake:

2.2 You acknowledge and agree that should you transfer the Software to a third party in accordance with clause 10.4 below this will constitute a termination by you and you as the original licensee must render your version of the Software unusable. The provisions of clause 6.3 shall therefore apply.

3. Intellectual property rights

3.1 You acknowledge that all intellectual property rights in the Software anywhere in the world belong to us, that rights in the Software are licensed (not sold) to you, and that you have no rights in, or to, the Software other than the right to use them in accordance with the terms of this Licence.

3.2 You acknowledge that you have no right to have access to the Software in source code form.

3.3 In the event that you produce and provide to the Licensor any text or images (the Material) from the use of the Software you hereby agree to release any intellectual property rights which you may have in the Material to the Licensor and expressly authorise the Licensor to use the Material in any manner or for any purpose whatsoever.

4. Customer Support

4.1 We offer the Licensee technical help and assistance through our Customer Support team for a period of 1 year after purchase of the Software. Our Customer Support team can be contacted via our website.

4.2 We are under no obligation to release any patches or bug fixes for the Software. Any repairs that we undertake are at our sole discretion and are dependent upon you making available all the information that may be necessary to help us to remedy the defect or fault, including sufficient information to enable us to recreate the defect or fault.

4.3 We will be unable to repair any Software:

4.4 We make no warranty that the operation of the Software will be uninterrupted or that the Software will be error free or as to the results that may be obtained from use of the Software.

5. Limitation of liability

5.1 You acknowledge that the Software has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Software meet your requirements.

5.2 We only supply the Software to business customers for commercial use and to consumers for domestic and private use.

5.3 We shall not under any circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Licence for:

5.4 We are not liable to you for the content of any data transferred either to or from you or stored by you via the Software.

5.5 From time to time we may choose to display advertisements or promotions of products on the Software of third parties along with electronic links to their sites. We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

5.6 Other than the losses set out in condition 5.3 (for which we are not liable), our maximum aggregate liability under or in connection with this Licence whether in contract, tort (including negligence) or otherwise, shall in all circumstances not exceed the purchase price for the Software. This maximum cap does not apply to condition 5.7.

5.7 Nothing in this Licence shall limit or exclude our liability for:

5.8 This Licence sets out the full extent of our obligations and liabilities in respect of the supply of the Software. Except as expressly stated in this Licence, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the supply of the Software which might otherwise be implied into, or incorporated in, this Licence whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.

6. Termination

6.1 This Agreement is effective until terminated by you or FXHOME upon notice.

6.2 We may terminate this Licence immediately by written notice to you if you commit a material or persistent breach of this Licence which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so.

6.3 Upon termination for any reason:

7. Cancellation rights

7.1 You have a right to cancel the contract between us and yourself and request a refund within 14 days of purchase of the Software. If you have purchased the Software from a third party retailer you will need to contact them directly and adhere to the retailer’s own refund policy.

7.2 In order to activate your right of cancellation referred to above you should contact our Customer Support team at http://fxhome.com/.

7.3 If you do decide to cancel the contract as provided for in clause 7.1 above, you hereby agree to delete or remove the Software from all computer equipment in your possession, and immediately destroy or return to us (at our option) all copies of the Software then in your possession, custody or control and, in the case of destruction, certify to us that you have done so within 14 calendar days of cancelling the contract.

7.4 If we request, further to clause 7.3 above, that you return copies of the Software we will where necessary withhold any refund that is owed to you until the goods are returned.

7.5 The right of cancellation provided for in this clause does not affect any other provisions in this Agreement.

8. Communications between us

8.1 If you wish to contact us in writing, or if any condition in this Licence requires you to give us notice in writing, you can send this to us by e­mail to FXHOME LIMITED at info@fxhome.com or by pre­paid post to Suites 4 and 5 St Giles House, 27 St Giles Street, Norwich, NR2 1JN, UK. We will confirm receipt of this by contacting you in writing, normally by e­mail.

8.2 If we have to contact you or give you notice in writing, we will do so by e­mail to the address you provide to us in your order for the Software.

9. Events outside our control

9.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Licence that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in condition 9.2.

9.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation failure of public or private telecommunications networks.

9.3 If an Event Outside Our Control takes place that affects the performance of our obligations under this Licence:

10. General